Daniels v. Richardson

CLARK, Judge.

This is a suit by respondents to establish a private road as a way of strict necessity across the lands of the several original defendants to provide access to respondents’ landlocked property. The appellants, who were the only defendants in the suit who did not default, appeal the judgment granting the private road and awarding damages. The judgment is reversed.

Respondents' petition alleged their ownership of a tract of land in Putnam County entirely surrounded by lands owned by others and not accessible by public road. The lack of access was not a contested fact. An abandoned…